§200-I. Public Access Division; Public Access Ombudsman

1.Public Access Division; Public Access Ombudsman.
There is created within the Department of the Attorney General the Public Access
Division to assist in compliance with the State's freedom of access laws, Title 1,
chapter 13. The Attorney General shall appoint the Public Access Ombudsman, referred
to in this section as "the ombudsman," to administer the division.

[
2007, c. 603, §1 (NEW)
.]

2.Duties.
The ombudsman shall:

A. Prepare and make available interpretive and educational materials and programs concerning
the State's freedom of access laws in cooperation with the Right To Know Advisory
Committee established in Title 1, section 411; [2007, c. 603, §1 (NEW).]

B. Respond to informal inquiries made by the public and public agencies and officials
concerning the State's freedom of access laws; [2007, c. 603, §1 (NEW).]

C. Respond to and work to resolve complaints made by the public and public agencies and
officials concerning the State's freedom of access laws; [2007, c. 603, §1 (NEW).]

D. Furnish, upon request, advisory opinions regarding the interpretation of and compliance
with the State's freedom of access laws to any person or public agency or official
in an expeditious manner. The ombudsman may not issue an advisory opinion concerning
a specific matter with respect to which a lawsuit has been filed under Title 1, chapter
13. Advisory opinions must be publicly available after distribution to the requestor
and the parties involved; [2013, c. 229, §1 (AMD).]

E. Make recommendations concerning ways to improve public access to public records and
proceedings; and [2013, c. 229, §1 (AMD).]

F. Coordinate with the state agency public access officers the compilation of data through
the development of a uniform log to facilitate record keeping and annual reporting
of the number of requests for information, the average response time and the costs
of processing requests. [2013, c. 229, §2 (NEW).]

[
2013, c. 229, §§1, 2 (AMD)
.]

3.Assistance.
The ombudsman may request from any public agency or official such assistance, services
and information as will enable the ombudsman to effectively carry out the responsibilities
of this section.

[
2007, c. 603, §1 (NEW)
.]

4.Confidentiality.
The ombudsman may access records that a public agency or official believes are confidential
in order to make a recommendation concerning whether the public agency or official
may release the records to the public. The ombudsman's recommendation is not binding
on the public agency or official. The ombudsman shall maintain the confidentiality
of records and information provided to the ombudsman by a public agency or official
under this subsection and shall return the records to the public agency or official
when the ombudsman's review is complete.

[
2007, c. 603, §1 (NEW)
.]

5.Report.
The ombudsman shall submit a report not later than March 15th of each year to the
Legislature and the Right To Know Advisory Committee established in Title 1, section
411 concerning the activities of the ombudsman for the previous year. The report
must include:

A. The total number of inquiries and complaints received; [2007, c. 603, §1 (NEW).]

B. The number of inquiries and complaints received respectively from the public, the
media and public agencies or officials; [2007, c. 603, §1 (NEW).]

C. The number of complaints received concerning respectively public records and public
meetings; [2007, c. 603, §1 (NEW).]

D. The number of complaints received concerning respectively:

(1) State agencies;

(2) County agencies;

(3) Regional agencies;

(4) Municipal agencies;

(5) School administrative units; and

(6) Other public entities; [2007, c. 603, §1 (NEW).]

E. The number of inquiries and complaints that were resolved; [2007, c. 603, §1 (NEW).]

F. The total number of written advisory opinions issued and pending; and [2007, c. 603, §1 (NEW).]